CHILD TAX CREDIT & SPOUSE VISA EXTENSION

[Alz3eem2018]

Dear Forum members,

Would applying for child tax credit affect my wife's application when applying to extend her spouse visa FLR (M).

Any advice would be helpful...

[seagul]

Dear Forum members,

Would applying for child tax credit affect my wife's application when applying to extend her spouse visa FLR (M).

Any advice would be helpful...

If its claimed in joint names and if you still eligible than might be not issue but preferably it should be abstained until ILR.

[Casa]

Dear Forum members,

Would applying for child tax credit affect my wife's application when applying to extend her spouse visa FLR (M).

Any advice would be helpful...

If its claimed in joint names and if you still eligible than might be not issue but preferably it should be abstained until ILR.

Universal Credit has now been introduced across the UK, replacing tax credits, unemployment benefit (including Income Support and Jobseekers Allowance) and Housing Benefit.

Note the information in the link below which includes:
"If you're in a couple and one of you is not subject to immigration control, they may be able to claim benefits. However, in most cases that person will need to make a claim as a single person. You should seek advice beforehand as your immigration status could be put at risk."

https://www.citizensadvice.org.uk/immig ... n-control/

[Alz3eem2018]

I still dont get it.... why would it be a risk if we are claiming on a joint applicant.

I was told there is no risk at all but this forum has helped me a lot previously and would like a definite answer

[John]

Although Universal Credit is now within the definition of Public Funds, those all important paragraphs 6A to 6C remain unchanged.

To save you digging them out, here they are :-

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s sponsor as a result of P’s presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P’s presence in the United Kingdom under the regulations referred to in to paragraph 6B)”.

[JB007]

Although Universal Credit is now within the definition of Public Funds, those all important paragraphs 6A to 6C remain unchanged.

....

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

The Tax Credit benefits ended in December 2018 for new claimants: unless they had more than two children and it ended for them in January 2019. UC has very different conditions and requirements to the Tax Credit benefit.

Exisiting claimants will have their Tax Credit claim ended and will then have to apply for the replacement benefit Universal Credit. Some exisitng claimants have already moved to Universal Credit as they triggered a move to UC.

[JB007]

I still dont get it.... why would it be a risk if we are claiming on a joint applicant.

I was told there is no risk at all but this forum has helped me a lot previously and would like a definite answer

Because the Tax Credit benefit required couple claimants to apply as a couple and it was benefit fraud if they applied as a single person when they were not.

But that benefit is 2 of the 6 low income benefits for those of working age, that have been replaced by a new benefit called Universal Credit. Although in some instances, those of state pension age might have to be on a Universal Credit claim e.g. they have a partner who is not of state pension age - where only the non-state pension age partner will have the work requirements that Universal Credit has but the pensions will reduce a UC benefit claim £ for £.

Totally differet rules and requirements for Universal Credit, compared to the old (legacy) benefit called Tax Credit, too many to list them all.

[John]

Although Universal Credit will be fully rolled out in jobcentres by September 2018, moving people on existing benefits to the new system will only begin in July 2019 and be finished by March 2022.

That no doubt explains why the commercial radio stations are currently full of adverts, imploring people to renew their Tax Credits before the end of July, otherwise payments will stop.

[seagul]

In my opinion since the financial requirement is £18600 for extending spouse visa and such earning doesn't classified as low income which is essentially needed for claiming most of the benefits. I think with at least £18600 of income the couple will only be eligible for child benefit which British/ILR holder sponsor can claim on his/her child behalf in his/her name without affecting the spouse visa. And certainly that was the reason of inventing financial requirement of £18600.

[JB007]

Although Universal Credit will be fully rolled out in jobcentres by September 2018, moving people on existing benefits to the new system will only begin in July 2019 and be finished by March 2022.

That no doubt explains why the commercial radio stations are currently full of adverts, imploring people to renew their Tax Credits before the end of July, otherwise payments will stop.

They are reminding existing claimants to renew their Tax Credit because that benefit is an annual claim. They could end up having to repay all those previous years TCs too if they don't do this.

Yiur qukote is about "managed migration", but many will move themselves to Universal Credit by "natural migration".

This is the list of "Universal Credit triggers" that is natural migration.
https://www.entitledto.co.uk/help/chang ... sal_Credit

[Alz3eem2018]

In my opinion since the financial requirement is £18600 for extending spouse visa and such earning doesn't classified as low income which is essentially needed for claiming most of the benefits. I think with at least £18600 of income the couple will only be eligible for child benefit which British/ILR holder sponsor can claim on his/her child behalf in his/her name without affecting the spouse visa. And certainly that was the reason of inventing financial requirement of £18600.

I am exceeding this amount (£18,600) but when i entered my details and my wife who is on spouse visa the child tax credit calculator has verified me as eligible for £60 a month only due to the kid.

Now reading or hearing people they have said that claiming child tax credit (Universal Credit) is fine and needs to be in a joint application.

Just to note:
My wages will go up next year and hence i wont be entitled for any child tax credit (Universal credit) after the calculation. My wife's visa renewal is in January 2021, so this would not affect me hopefully then as they would require for her extension my last 3/6 months wage slip if i am not mistaken?

[seagul]

Just to note:
My wages will go up next year and hence i wont be entitled for any child tax credit (Universal credit) after the calculation. My wife's visa renewal is in January 2021, so this would not affect me hopefully then as they would require for her extension my last 3/6 months wage slip if i am not mistaken?

The invention of financial threshold is to

In my opinion since the financial requirement is £18600 for extending spouse visa and such earning doesn't classified as low income which is essentially needed for claiming most of the benefits. I think with at least £18600 of income the couple will only be eligible for child benefit which British/ILR holder sponsor can claim on his/her child behalf in his/her name without affecting the spouse visa. And certainly that was the reason of inventing financial requirement of £18600.

I am exceeding this amount (£18,600) but when i entered my details and my wife who is on spouse visa the child tax credit calculator has verified me as eligible for £60 a month only due to the kid.

Now reading or hearing people they have said that claiming child tax credit (Universal Credit) is fine and needs to be in a joint application.

Just to note:
My wages will go up next year and hence i wont be entitled for any child tax credit (Universal credit) after the calculation. My wife's visa renewal is in January 2021, so this would not affect me hopefully then as they would require for her extension my last 3/6 months wage slip if i am not mistaken?

Since £18600 is not classified as low income, therefore it stops the eligibility for public funds. Only child benefit which is around £20.70 per week can be claimed by British/ILR holder parent on child behalf in his/her name as long as the income doesn't go up to £50000.

[JB007]

Since £18600 is not classified as low income, therefore it stops the eligibility for public funds. Only child benefit which is around £20.70 per week can be claimed by British/ILR holder parent on child behalf in his/her name as long as the income doesn't go up to £50000.

The £18,600 was based on the Working Tax Credit part of the Tax Credit benefit, not the Child Tax Credit part. About 18k was the couple cap for WTC; for CTC it's was about 26K cap for one child, about 31k for two children. The government did talk about the financial requirement for a spouse visa being set at 26k, but used 18.6 instead, under present rules.

You can still claim Child Benefit if one person is earning 50k, but the amount of CB is reduced.
https://www.gov.uk/child-benefit

You can use certain pensions to pay in to, to reduce your net salary and claim Child Benefit. There are lots of sites who can tell you what pensions are allowed.

[Alz3eem2018]

So the overall outcome..Please do not comment on child benefit because everyone is entitled. We are talking here about child tax credit...

CAN i apply for child tax credit or not?

would this affect my wife's spouse visa renewal in a 1.5 years?


Your help with me really appreciated.

[sathesh_pandian]

As per your spouse visa , she is not entitled to use public funds so no joint account claim for that.

As per your visa , You can claim it but your salary is not fit into the criteria so you are not also eligible for that .

There is a Tax free child care available for you and you are not eligible for child benefit.

if you try to claim any public funds with your wife's name, it will not create any problem while claiming but visa extension will be rejected.

[JB007]

CAN i apply for child tax credit or not?

would this affect my wife's spouse visa renewal in a 1.5 years?


Your help with me really appreciated.

This-

Universal Credit has now been introduced across the UK, replacing tax credits, unemployment benefit (including Income Support and Jobseekers Allowance) and Housing Benefit.

Note the information in the link below which includes:
"If you're in a couple and one of you is not subject to immigration control, they may be able to claim benefits. However, in most cases that person will need to make a claim as a single person. You should seek advice beforehand as your immigration status could be put at risk."

https://www.citizensadvice.org.uk/immig ... n-control/

[Alz3eem2018]

After reading the comments I have come to a conclusion that we can apply for child tax credit as it can be only done if both parent do the claim. But this wont affect her renewal application.
My salary would go up next year. So worst case scenario is that it will stop 7 months before applying and they wont even know. saying that i am not breaking the rules.

I earn more than the required salary threshold which is £18,600.
My kid is a British citizen so no additional salary uprise would be counted towards him.